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New Mexico Divorce Information

The following information is to provide a basic understanding of the various aspects of New Mexico divorce.

You can get more specific information regarding New Mexico divorce laws using the links provided to New Mexico divorce laws or at your local library.

This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.

Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.

New Mexico Divorce Resources

Residency Requirements 6 months
Where to File The county in which either spouse resides
Grounds for Divorce On the petition of either party to a marriage, a district court may decree a dissolution of marriage on any of the following grounds:
  • Incompatibility
  • Cruel and inhuman treatment
  • Adultery
  • Abandonment
Voluntary or required mediation Yes
Voluntary or recommended CounselingYes
Property Distribution New Mexico is a community property state. Separate property is retained by the owner, and all other community property in the marriage is distributed equitably. Marital conduct is not a consideration in equitable distribution.
Child Custody In any case in which a judgment or decree will be entered awarding the custody of a minor, the district court shall, if the minor is under the age of fourteen, determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including, but not limited to:
  • The wishes of the child's parent or parents as to his custody
  • The wishes of the child as to his custodian
  • The interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest
  • The child's adjustment to his home, school and community
  • The mental and physical health of all individuals involved
If the minor is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor.

Whenever testimony is taken from the minor concerning his choice of custodian, the court shall hold a private hearing in his chambers. The judge shall have a court reporter in his chambers who shall transcribe the hearing; however, the court reporter shall not file a transcript unless an appeal is taken.
Child Support In any proceeding before a court in which the court has the duty or authority to determine liability of a parent for the support of minor children or the amount of that support, the court:
  • Shall make a specific determination and finding of the amount of support to be paid by a parent in accordance with the provisions of Section 40-4-11.1 NMSA 1978, the New Mexico child support guidelines;
  • Shall not consider present or future welfare financial assistance payments to or on behalf of the children in making its determination
In any action to establish or modify child support, the New Mexico child support guidelines shall be applied to determine the child support due and shall be a rebuttable presumption for the amount of such child support. Every decree or judgment of child support that deviates from the guideline amount shall contain a statement of the reasons for the deviation.
Spousal Support Either spouse may be awarded a just and proper amount of maintenance, without regard to marital fault.

On final hearing, the court may allow either party such a reasonable portion of the spouse's property or such a reasonable sum of money to be paid by either spouse either in a single sum or in installments, as spousal support as under the circumstances of the case may seem just and proper, including a court award of:
  • Rehabilitative spousal support that provides the receiving spouse with education, training, work experience or other forms of rehabilitation that increases the receiving spouse's ability to earn income and become self-supporting. The court may include a specific rehabilitation plan with its award of rehabilitative spousal support and may condition continuation of the support upon compliance with that plan
  • Transitional spousal support to supplement the income of the receiving spouse for a limited period of time; provided that the period shall be clearly stated in the court's final order
  • Spousal support for an indefinite duration
  • A single sum to be paid in one or more installments that specifies definite amounts, subject only to the death of the receiving spouse
  • A single sum to be paid in one or more installments that specifies definite amounts, not subject to any contingencies, including the death of the receiving spouse

New Mexico Divorce Attorneys by County

New Mexico Divorce Mediators by County

This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.

The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.

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Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.